American Federation of Government Employees, Local 1612, AFL-CIO (Union) and U.S. Department of Justice, Bureau of Prisons, U.S. Medical Center for Federal Prisoners, Springfield, Missouri (Activity)



[ v06 p5 ]
06:0005(3)AR
The decision of the Authority follows:


 6 FLRA No. 3
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1612
 Union
 
 and
 
 U.S. DEPARTMENT OF JUSTICE,
 BUREAU OF PRISONS, U.S. MEDICAL
 CENTER FOR FEDERAL PRISONERS,
 SPRINGFIELD, MISSOURI
 Activity
 
                                            Case No. O-AR-175
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON DECEMBER 22, 1980, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S
 RULES AND REGULATIONS (5 CFR 2425.1), THE AGENCY FILED EXCEPTIONS TO THE
 AWARD OF ARBITRATOR PAUL E. FITZSIMMONS.  FOR THE REASONS THAT FOLLOW,
 THE AGENCY EXCEPTIONS WERE NOT TIMELY FILED AND THEREFORE MUST BE
 DISMISSED.
 
    SECTION 7122(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE PROVIDES IN PERTINENT PART:
 
    IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER SUBSECTION
 (A) OF THIS SECTION
 
    DURING THE 30-DAY PERIOD BEGINNING ON THE DATE OF SUCH AWARD, THE
 AWARD SHALL BE FINAL AND
 
    BINDING.  /1/
 
    THUS, THERE IS A CLEAR STATUTORY REQUIREMENT THAT EXCEPTIONS TO
 ARBITRATORS' AWARDS BE FILED WITH 30 DAYS FROM THAT DATE OF THE AWARD.
 
    THE ARBITRATOR'S AWARD HEREIN, INCLUDED IN THE AGENCY'S SUBMISSION,
 IS DATED OCTOBER 3, 1980.  HOWEVER, THE AGENCY'S EXCEPTIONS WERE NOT
 FILED WITH THE AUTHORITY UNTIL DECEMBER 22, 1980.  WITH RESPECT TO THE
 TIMELINESS OF ITS EXCEPTIONS, THE AGENCY EXPLAINS THAT ON NOVEMBER 15,
 1980, THE PARTIES JOINTLY REQUESTED THE ARBITRATOR TO CLARIFY HIS AWARD.
  ON NOVEMBER 21, 1980, THE ARBITRATOR RESPONDED THAT HE WAS WITHOUT
 AUTHORITY TO GIVE AN ADDITIONAL OPINION, BUT HE DID OFFER HIS PERSONAL
 VIEW AS TO THE PARTIES' REQUEST FOR CLARIFICATION.  ON THIS BASIS THE
 AGENCY MAINTAINS THAT THE PERIOD FOR FILING ITS EXCEPTIONS COMMENCED ON
 NOVEMBER 21, 1980, RATHER THAN ON THE DATE OF THE AWARD.  HOWEVER, UNDER
 THE PLAIN LANGUAGE OF SECTION 7122(B) OF THE STATUTE AND SECTION
 2425.1(B) OF THE AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR
 FILING EXCEPTIONS RUNS FROM THE DATE OF THE AWARD ITSELF.  CONSEQUENTLY,
 THE AGENCY'S EXCEPTIONS WERE NOT TIMELY FILED AND THE AUTHORITY IS NOT
 EMPOWERED TO EXTEND OR WAIVE THE STATUTORY TIME LIMIT FOR FILING
 EXCEPTIONS TO ARBITRATION AWARDS.
 
    ACCORDINGLY, BECAUSE THE AGENCY'S EXCEPTIONS WERE NOT TIMELY FILED,
 AND APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE ORDERED
 DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JUNE 2, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
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